Renewal Notice Not Delivered Accordance With the Methods Prescribed In the Lease
In American Power Indus. v. Rebel Realty Corp. (145 AD2d 454, 535 N.Y.S.2d 99 [2nd Dept, 1988]), the court ruled on a case wherein a renewal notice was not delivered in accordance with the methods proscribed in the lease.
Tenant American Power Industries, Ltd., pursuant to its lease, was required to give written notice to the landlord by certified mail six (6) months prior to the end of the term in order to exercise its renewal option. Tenant did give written notice, but it was approximately four (4) months prior to the end of the lease term. the Appellate Court held that:
We find no evidence of prejudice to the defendant landlord as a result of the notice given by the plaintiff (see, Grunberg v. George Assocs., 104 AD2d 745, 480 N.Y.S.2d 217).
Furthermore, the Supreme Court correctly determined from the evidence on record that the defendant did, in fact, have actual notice of the plaintiff's intention to renew the lease for the option period (see, Tritt v. Huffman & Boyle Co., 121 AD2d 531, 503 N.Y.S.2d 842; cf., McVey v. Simone, 73 AD2d 959, 424 N.Y.S.2d 265).